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• <br /> • <br /> n <br /> 5. SWDD reserves the right to randomly inspect loads to verify conditions above are being <br /> met. SWDD also reserves the right to refuse any deliveries of Biosolids not meeting <br /> conditions <br /> �!above. <br /> Section 6. Applicable Law. Each Section <br /> Gds is iaab regulated <br /> acknowledges that the processing,transport and disposal <br /> Y gulated by state and federal agencies having fdrisdiction with respect to <br /> such matter. The City shall comply with all <br /> applicable state andtederal laws,including,without <br /> limitation,rules and regulations(collectively Applicable Law")relatingto the processing <br /> and <br /> transport of Biosolids, including the quality or composition of Biosolidto be disposed of in a <br /> landfill such as the IRC Landfill,and SWDD shall comply with all requirements <br /> Lawrelating to the method of disposalofBiosoli d thhaofh Applicable <br /> liability with respect to the method ofdisposal��o�a�'however,that SWDD shall not have <br /> composition, do not meet the of Biosolids which, with_respect to quality or <br /> requirements:of the Quality Standards or Applicable Law. In the <br /> event of a change in"Applicable Law"that has a <br /> to SWDD of operating, maintainingor ��material and adverse effect upon the cost <br /> mutuallynegotiate anyneces modifying disposal of Biosolids, SWDD and. City shall <br /> nary capital cost contribution or any necessary increase in the disposal <br /> Costs/ton commensurate with the necessary cost. <br /> Section 7. Indemnification. To the extent permitted b <br /> yindemnify► otheragainstall. law, ach damages, shall hold hose and <br /> party from and � <br /> expenses and liabilities of any type'whatsoev any(collectively,"Claims")arisingr 'c of action, <br /> to the indemnifying party's negligence, � outble lof aw o breach <br /> of this agreement;provided, wrongdoing,breach of applicable law or breach <br /> however, that neither party shall be required to, hold harmless or <br /> rTh <br /> indemnify the other party for any Claims arising out ofQrrelating to such others negligence, <br /> intentional wrongdoing,breach of applicable law or breach of this agreement. <br /> ' <br /> the above,for tort actions,neitherparty waives its sovereignNotwithridading <br /> �immunityset forth in Florid <br /> and the parties' obligations under the 'as a law <br /> Agreement shall be subject to the limitations set forth and <br /> provided for in Section 768.28,Florida Statutes. <br /> Secilon 8. Insurance, <br /> (a) The City,or its authorized Biosolids processor/transporter,shall obtain and maintain <br /> throughout the term I of this Agreement at its expense <br /> insurers who are licensed in the State of Florida have a current e following insurance coveragebetter in <br /> "Best's KeyRating Guide,"with respect to all activities relatinginrating of A�VII or hich <br /> are the subject.of this agreement;(1)workers'- � any way to the Biosolids which <br /> Florida statutory requirements,(2) ODmP�ation coverage in compliance with State of <br /> $100,000 occurre>i employer's liability insurance providing minimum coverage of • <br /> general100,00per , $100,000 by disease,and$500,000 aggregate by disease,(3)commercial <br /> liability insurance and automobile liability insurance providing minimum combined single <br /> limit coverage of$1,000,000 for personal bodily injury, <br /> property including,without limitation,death,and <br /> damage, and(4)umbrella or excess liability coverage providing minimum coverage of <br /> 0. <br /> (b) Notwithstanding the minimum limits of coveragestated <br /> in limits of each underlying insurance coverage must be at leat ahigh as is necessary ryon toA above, the <br /> excess liability insurance coverage referenced in subsection A(4). cry support the <br /> Page 3 of 8 <br /> 12P ppa4lCoeaM3icrosoRlWindawslTemporary Internet Fila\Content.0uilooklFKDGSD7Cniosofids <br /> Disposal Agie4neneIRC July20I9.4ocx <br /> 214 <br />